Luchmun (Migration)

This matter concerned an application for review of a decision to refuse to grant Training (Class GF) visas to the applicants, Ms Shikha Luchmun, Mr Kevin Luchman, and Miss Elanah Reese Luchmun. The primary applicant, Ms Luchmun, had provided evidence of a contract of employment with Click Accountants and Consultants Pty Ltd for a training assignment. The core of the dispute revolved around whether the nominated position for the training was the subject of an approved nomination by an approved sponsor.

The Tribunal was required to determine whether the applicant satisfied the requirements for the grant of a 407 Training visa, specifically whether the nominated position had been approved by the Minister for Immigration. This was a crucial element, as the Migration Act 1958 mandates that the position specified in a visa application must be the subject of an approved nomination for the visa to be granted.

The Tribunal noted that the application for approval of the nominated position made by Click Accountants and Consultants Pty Ltd had been refused by a delegate of the Minister. Furthermore, a subsequent review of that refusal by the Administrative Appeals Tribunal (AAT) had been dismissed. Consequently, the nominator's application for the nominated position had not been approved. The Tribunal considered this information and invited the applicant to comment. As no approved nomination existed for the position, the applicant did not satisfy a key requirement for the grant of the 407 visa.

Based on the failure of the primary applicant to meet the visa requirements due to the lack of an approved nomination, the Tribunal concluded that the secondary applicants, as members of the family unit, also did not meet the criteria for the grant of a visa. Accordingly, the Tribunal affirmed the decision not to grant the Training (Class GF) visas to the applicants.